Marshall Law, P.C.Marshall Law, P.C.2026-11-06T09:47:24Zhttps://www.marshalllawnm.com/feed/atom/WordPress/wp-content/uploads/sites/1400295/2020/09/cropped-Favicon-m-32x32.pngOn Behalf of Marshall Law, P.C.<![CDATA[Cerebral palsy may not be diagnosed right away]]>https://www.marshalllawnm.com/?p=478622026-11-06T09:47:24Z2026-11-06T09:47:24ZIt is very common for cerebral palsy to go undetected at first. Doctors may have no idea that the child has the condition at the time that they are actually born.
Some reports indicate that the majority of cerebral palsy cases are diagnosed around age 3. With mild cases, it may take even longer, so it could potentially be years before parents get an official diagnosis.This makes cerebral palsy much different than some other types of birth injuries, which are immediately obvious. This delay can sometimes complicate claims when parents believe that the development of cerebral palsy is due to medical malpractice or mistakes made by a doctor during the child's delivery.
Why does it take so long?
One of the major reasons why it takes so long to get a diagnosis is that cerebral palsy often causes children to miss milestones. These can include things like rolling over, sitting up independently or learning to crawl or walk. When the child starts missing these milestones at the times that doctors expect, they begin to understand that there is a developmental disability holding them back.But children are not expected to have all these skills right away. A newborn child is not going to be able to hit any of these milestones anyway, so parents naturally have to wait months or even years before they start to notice the delay. This is why mild cases can take longer, as the child may initially meet milestones – like rolling over – and then begin to fall behind.If your child has cerebral palsy and you believe that medical malpractice was the original root cause, it is important to understand all the legal options at your disposal.
]]>On Behalf of Marshall Law, P.C.<![CDATA[Can a hospital be liable for discharging a patient too early?]]>https://www.marshalllawnm.com/?p=478602026-10-26T14:18:03Z2026-10-26T14:18:03ZWhen a premature discharge may be negligent
A hospital may face liability if its staff sends you home without providing the care your condition requires, and that decision causes you harm. For example, your doctor might discharge you despite symptoms that call for further testing or observation.
Under New Mexico law, medical malpractice generally involves care that falls below accepted medical standards and causes injury. An unexpected complication alone does not prove negligence. You must show that the hospital's failure to provide appropriate care contributed to your injuries.
Warning signs that discharge may have been unsafe
Certain circumstances may suggest that your hospital should have taken additional steps before sending you home. These include:
Unresolved symptoms: You still experienced severe pain, breathing difficulties or other concerning symptoms without an adequate explanation.
Concerning test results: Your care team overlooked abnormal findings or failed to respond appropriately to changes in your condition.
Lack of monitoring: Your symptoms or test results called for further observation, but the hospital discharged you instead.
These warning signs do not automatically establish negligence, but they may warrant a closer review of the care you received.
How an unsafe discharge can harm a patient
Leaving before you receive necessary care can allow a serious medical condition to worsen. You might need emergency treatment, another hospital stay or a longer recovery because doctors missed an opportunity to address the problem earlier.
Beyond the physical harm, these complications can leave you facing additional medical bills, lost income and disruptions to your daily life. A malpractice claim must connect those losses to the hospital's negligent decision rather than simply to your original illness.
Protect your health and understand your options
An early discharge may support a malpractice claim when inadequate care causes preventable harm. If your symptoms persist or worsen, seek medical attention promptly. You can also request your hospital records, discharge instructions and test results to understand what happened. Reviewing these materials with an attorney can help you determine whether the hospital failed to meet its duty of care and whether you have grounds to seek compensation.]]>On Behalf of Marshall Law, P.C.<![CDATA[How is CTE different than a traumatic brain injury?]]>https://www.marshalllawnm.com/?p=478582026-10-22T17:37:50Z2026-10-22T17:37:50ZA traumatic brain injury is often a significant event that harms the brain immediately. Someone could be injured in a car accident or a workplace accident, for instance, due to physical impact trauma. They could also suffer a TBI due to a mistake made while they are in the hospital, where oxygen to their brain is cut off for a short time.
In all of these examples, they suffer an immediate TBI that can lead to permanent brain damage, sensory issues, memory issues and much more.Chronic traumatic encephalopathy (CTE), on the other hand, is the result of cumulative head or brain injuries. It is a progressive neurodegenerative disease. It causes certain proteins to build up within the brain, which can have a long-term impact on brain function.In other words, there is a close link between both of these injuries. Someone who suffers repeated TBIs could then develop the disease of CTE.
Even minor injuries can have an impact
The important thing to remember is that even a relatively "minor" brain injury can still contribute to CTE.For instance, many workers suffer concussions, and they may not consider this to be as serious as a significant TBI, like a brain bleed. But the reality is that someone who has repeated concussions is at a massively elevated risk for CTE. Additionally, once a person has suffered a concussion, it often becomes easier for them to suffer from a second one.The brain is a very fragile organ, and it is important to consider all types of injuries that can affect brain function. Those who have been harmed due to another's negligence need to know what legal rights they have to compensation.]]>On Behalf of Marshall Law, P.C.<![CDATA[Poor lighting can make trip-and-fall accidents more likely]]>https://www.marshalllawnm.com/?p=478562026-10-08T16:07:44Z2026-10-08T16:07:44ZTrip-and-fall accidents can happen in many different ways, and they could be more serious than people realize. If you strike your head on a hard surface, you could suffer a traumatic brain injury or a skull fracture. Elderly people are often in danger of severe injuries, such as a broken hip, that can significantly alter their quality of life. Even just falling and breaking your arm or dislocating your shoulder could lead to extensive medical bills.
One issue that can contribute is if you are in an area with poor lighting. This is often a problem in parking lots. For instance, perhaps you are in a business's parking lot that has not been well maintained, so it is full of potholes and other trip hazards. They have not installed proper lighting, or the lighting has burned out, making it likely that you could trip and fall while walking to the store or back to your car.
Outdoor stairs
Another significant area of risk is if you are using an outdoor staircase.For example, maybe you are staying at a hotel or a resort, or maybe you live in an apartment complex. You access the rooms through an outdoor stairway that should be well lit at all times. But if the lighting has been neglected or was never installed to begin with, it can be hard to find your footing.Falling down the stairs can lead to even more serious injuries than falling on the same level. You could suffer a spinal cord injury, for example, that changes the course of your life.When property owners are negligent and create these types of dangerous conditions, they may be liable for your injuries. Be sure you know what legal steps to take.]]>On Behalf of Marshall Law, P.C.<![CDATA[Can failure to refer to a specialist be medical malpractice?]]>https://www.marshalllawnm.com/?p=478532026-09-28T09:53:47Z2026-09-30T06:01:19ZA primary care doctor may be the first person you see when you develop unusual symptoms. Sometimes, however, your condition may require care from a specialist. If a doctor does not make a referral when your symptoms or test results call for one, a serious condition may go untreated or worsen.
In New Mexico, not every missed referral amounts to medical malpractice. A claim generally depends on whether the provider departed from the accepted standard of care and whether that failure caused you harm.
When can a missed referral become malpractice?
Doctors do not need to refer every patient to another provider. Whether a referral is needed may depend on the patient’s symptoms, medical history, test results and the level of care expected from a reasonably careful provider in similar circumstances.A referral may become important when a patient’s symptoms point to a condition outside the doctor’s area of expertise, test results show an abnormality that requires specialist evaluation or symptoms continue despite treatment. In these situations, failing to make a referral may raise questions about whether the provider provided appropriate care.Those questions can become part of a New Mexico medical malpractice claim when the evidence supports four key elements:
Duty: The provider owed a duty to provide care that met the applicable standard.
Breach: The provider failed to meet that standard, which may require expert medical testimony.
Causation: The failure caused an injury or allowed the patient’s condition to become worse.
Damages: The patient suffered actual losses, such as additional medical bills, lost wages or pain and suffering.
Still, a missed referral does not automatically mean that a provider was negligent. The circumstances must show that a referral was reasonably required and that failing to make it fell below the applicable standard of care. The failure must also have caused actual harm before it can support a malpractice claim.
How can a missed referral affect your health?
Delaying specialist care can sometimes allow a medical condition to progress. For example, failing to refer a patient with concerning test results could delay treatment for cancer, heart disease or another serious condition.The timing also matters. A specialist may have been able to identify the condition earlier or recommend treatment before the patient's condition became more serious. Establishing that connection, however, requires more than showing that a referral never happened.Reviewing medical records, test results and treatment decisions can help determine whether the doctor's actions played a role in the harm. Legal assistance can help assess these records and identify whether the facts support a medical malpractice claim under New Mexico law.
When a referral matters
A missed referral can raise important questions about the care you received, particularly when delayed specialist treatment leads to additional harm. The specific facts, medical evidence and connection between the missed referral and your injury can determine whether malpractice may have occurred.]]>On Behalf of Marshall Law, P.C.<![CDATA[Do not try to break up a dog fight]]>https://www.marshalllawnm.com/?p=478512026-09-23T15:09:39Z2026-09-23T15:09:39ZWhen two dogs get in a fight, the first instinct many people have is to pull them apart by their collars. If you are walking your dog and an off-leash dog attacks, for instance, you are just trying to protect your pet.
The problem with doing this, however, is that it can lead to severe injuries. You could be bitten by either dog. Your own dog may be panicked and not even realize that they are harming you.Often, when people try to break up a dog fight this way, they end up with severe lacerations and bite wounds on their hands, wrists and arms. Because dog bites are puncture wounds, these could become infected, and people could suffer injuries to tendons, ligaments and even nerves.
The best way to break up a fight
Ideally, if a dog fight breaks out, there will be two people who can work together to stop it. One tactic is to pick up the back legs of each dog. This forces them to balance on their front legs, and each person can then back up and slowly move in a circle.Doing this not only pulls the dogs apart, but it ensures that the people who are involved are far from harm. It does take more time, and it takes coordination, but it is much safer than trying to pull the dogs apart by their collars or their necks.
Have you suffered injuries?
Dog bites can lead to very significant injuries that may mean you need immediate medical treatment. If you have been injured by someone else’s dog, be sure you know how to seek financial compensation.
]]>On Behalf of Marshall Law, P.C.<![CDATA[3 potential consequences of an incomplete spinal cord injury]]>https://www.marshalllawnm.com/?p=478492026-09-16T14:16:14Z2026-09-16T14:16:14Z1. Medical expenses
Incomplete spinal cord injuries generally require intensive trauma care followed by long-term rehabilitative support. People may incur hundreds of thousands of dollars in medical expenses in the year immediately after their injury and tens of thousands of dollars in additional care costs every year for the rest of their lives.
2. Lost income
People who are in the hospital and undergoing rehabilitative care may need to take time away from work or may even lose their jobs in some cases. Additionally, the functional limitations generated by a spinal cord injury can affect the ability to keep a job or to continue pursuing advancement within a specific profession.
3. A need for support
People generally need to perform a variety of tasks every day for themselves and their families. Those with substantial functional limitations caused by a spinal cord injury may no longer be able to maintain vehicles, perform lawn care or handle other daily tasks.
Accurately estimating the lifetime financial impact of a spinal cord injury can help people handle insurance claims and decide if a lawsuit is necessary. Those injured by the negligence and misconduct of others may have the right to demand compensation from the party liable for their injuries. Seeking legal guidance can help with both of these critical concerns.]]>On Behalf of Marshall Law, P.C.<![CDATA[Public pools should have “no-diving” signs]]>https://www.marshalllawnm.com/?p=478472026-08-27T15:24:52Z2026-08-27T15:24:52ZPublic pools need to have proper safety signs and depth markings. This is a requirement that helps people use these facilities without encountering serious injury.
For instance, depth markers are required at numerous points, such as at both the minimum and maximum depth of the pool. If there is a slope change between a shallow end and a deep end, markings should also be used.Additionally, if the water is less than 5 feet deep, the pool needs to have signs that say “No Diving.” It can be difficult for a person to tell how deep the water is before entering it, and someone who inadvertently dives into a shallow pool could suffer serious head injuries or spinal cord injuries.
Liability for missing safety signs
If these signs are missing or have not been put up properly, it can mean that the owner and operator of the pool is liable for injuries that occur. They need to remember that signs should be in a clearly visible location, and they also need to post 911 information and emergency contact information.If signs have been improperly placed, if they do not have the correct contact information or if they have not been used at all, injured parties may be able to sue for financial compensation. A person who suffers a spinal cord injury could have lifetime ramifications, which can lead to significant medical bills, lost future earning capacity, pain and suffering, loss of enjoyment in life and many other such factors. Injured parties and their loved ones need to know what legal steps to take after such an injury occurs.]]>On Behalf of Marshall Law, P.C.<![CDATA[What medical records can help prove a birth injury claim?]]>https://www.marshalllawnm.com/?p=478452026-08-25T15:38:23Z2026-08-25T15:38:23ZPrenatal and pregnancy records
These can show whether you had complications, risk factors or abnormal test results that called for additional monitoring or treatment before labor began.
Gather:
Prenatal visit notes
Ultrasound results
Laboratory and other test results
Notes about pregnancy complications or identified risks
Your pregnancy records can also help establish what your medical team knew before labor and whether the concerns documented received appropriate attention during delivery.
Labor and delivery records
These can help establish a timeline of changes in your baby's condition, the treatment you received and the decisions made during delivery.
Gather:
Your baby’s records can help show signs of distress, oxygen deprivation or other concerns that developed after delivery and document how medical providers responded.
Gather:
Apgar scores
Newborn examination records
Emergency treatment records
NICU records
Diagnostic test results
Your baby's condition and treatment after delivery may also help show whether the care provided addressed problems that had already appeared before birth.
Follow-up and treatment records
These documents can show how the injury affected your child after leaving the hospital and what care your child needed as a result.
Gather:
Pediatric visit notes
Specialist evaluations
Diagnostic testing
Physical therapy records
Occupational or other therapy records
Some birth injuries become easier to identify over time, particularly when your child needs ongoing treatment or developmental support.
Protect your child's legal rights
Keeping your child's medical information organized can help preserve important evidence if you later pursue a birth injury claim. If important documents appear to be missing or you have difficulty obtaining it, an attorney can help you understand your options for obtaining the information and reviewing it as part of your claim.]]>On Behalf of Marshall Law, P.C.<![CDATA[Should you run from a dog?]]>https://www.marshalllawnm.com/?p=478432026-08-11T15:22:11Z2026-08-11T15:22:11ZGenerally speaking, no, you should not run away from a dog, even if it appears dangerous. This is the first instinct that many people have, simply seeking to protect themselves, but it often makes things worse.
For one thing, turning to run means that you have to turn your back on the dog. On top of that, many dogs have a strong prey drive and like to chase, so running just makes them more likely to do so. They begin to view you as prey that is escaping, and they will follow.Furthermore, remember that dogs are almost always faster than people. Even if you run, if you cannot escape the dog, you have not actually made your situation any safer.
What should you do instead?
It is wise to avoid direct eye contact with the dog, which can be seen as aggressive. But instead of turning your back, just try to turn sideways and watch the dog with your peripheral vision.Dogs are often territorial, so slowly backing away from the dog can be helpful. This demonstrates that you are not a threat and removes you from its perceived territory.Your best option is often to try to remain calm and collected, lowering the energy in the encounter. Screaming, yelling and flailing your arms just increases the energy. But if you stay still, tuck your arms in close to your body and slowly try to move away from the dog, you may be able to avoid an attack.
What if you are still bitten?
Unfortunately, some dangerous dogs will still bite, even if you do everything correctly. If you suffer serious injuries, you need to know how to seek financial compensation from the dog’s owner.
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